- 12 -11. In the course of the visit, the delegation received many allegations of police officers askingdetained persons (or their relatives) for money in exchange for arranging their release. Further, therewas a widespread perception among the detained persons interviewed by the delegation that anumber of benefits could be obtained through bribes; this is in itself a matter of concern. <strong>The</strong> <strong>CPT</strong>recommends that the <strong>Armenia</strong>n authorities deliver to all police officers, including throughongoing training, the clear message that those having abused their position in order to obtainmoney from persons deprived of their liberty or their relatives will be the subject of criminalproceedings. More generally, reference is made in this respect to the recommendations madeby the Council of Europe’s Group of States against Corruption (GRECO). 72. Torture and other forms of ill-treatment12. During the <strong>2010</strong> visit, the delegation heard a significant number of credible and consistentallegations of recent physical ill-treatment of detained persons by police operational staff and,occasionally, by senior officers, at the time of initial interviews (i.e. before a protocol of detentionwas drawn up). 8 <strong>The</strong> alleged ill-treatment mainly consisted of punches, kicks and blows inflictedwith truncheons, bottles filled with water or wooden bats, with a view to securing confessions orobtaining other information. In several instances, the severity of the ill-treatment alleged was suchthat it could be considered as amounting to torture (e.g. extensive beating; infliction of electricshocks with stun batons; blows to the soles of the feet). Further, many persons, including personsinterviewed by the police as witnesses, alleged that they had been subjected to oppressiveinterviewing methods (e.g. sustained questioning by as many as eight interviewers; threats of beingphysically ill-treated or executed, or of repercussions for family members) in order to compel themto make statements or to act as police informants. Most of the persons who indicated that they hadnot been ill-treated during such interviews generally attributed this to the fact that they had beenapprehended in the act of committing an offence or had immediately signed the statements expectedfrom them by police officers.<strong>The</strong> delegation also received some allegations of excessive use of force at the time ofapprehension during a large-scale police operation carried out on 17 April <strong>2010</strong> in the Nor Norkdistrict of Yerevan. <strong>The</strong> operation, which led to the apprehension of some 50 persons, was carriedout by several police forces, including masked police officers who apparently had neitheridentification numbers nor insignia on their uniforms. 9 In another case, one person interviewed bythe delegation had allegedly lost consciousness during apprehension as a result of the application ofan electric stun baton.On a positive note, no allegations of ill-treatment were received as regards custodial staffworking in police detention facilities.789See GRECO Evaluation and Compliance <strong>Report</strong>s on <strong>Armenia</strong> (www.coe.int/t/dghl/monitoring/greco).Note should be taken that the persons interviewed agreed to share their experiences while at the hands of thepolice on the condition that their names would not be disclosed.<strong>The</strong> operation involved police officers from the Yerevan City Police Department and Nor Nork District PoliceDivision, the Police Patrol and Protection Department (the so-called “Red Berets”) and the Anti-OrganisedCrime Police Department. <strong>The</strong> delegation learned that officers from the Anti-Organised Crime PoliceDepartment may wear masks during such interventions.
- 13 -13. <strong>The</strong> case of Vahan KHALAFYAN, who died in police custody on 13 April <strong>2010</strong>, isillustrative of the problem of ill-treatment; it had received extensive media coverage in <strong>Armenia</strong>. Atthe time of the visit, the evidence gathered during the preliminary investigation into this casealready clearly indicated that Mr Khalafyan had been held at Charentsavan Police Division for someseven hours without a protocol of detention being drawn up, and that he had been subjected tosevere beatings during questioning by four police officers, including the Head of the CriminalInvestigation Unit. Mr Khalafyan reportedly took a knife from the wardrobe next to where he wassitting and stabbed himself twice in the lower stomach. <strong>The</strong> post-mortem examination establishedthat he had died from these injuries but also revealed numerous other injuries which were consistentwith an assault upon him prior to the fatal stab wounds being inflicted (i.e. bruises on the scalp onthe top of the head, with corresponding evidence of bleeding to the brain, as well as inside themouth, on the lower jaw, behind the right knee, on the right shin and on the front of the rightankle). 1014. Police staff interviewed (including operational officers) fully acknowledged that ill-treatingpersons in their custody is unacceptable from both the legal and professional points of view. Thatsaid, senior police officials met by the delegation indicated that police misconduct continued to be aproblem and that they were making efforts to overcome it and increase public confidence in thepolice. In the <strong>CPT</strong>’s view, the primary responsibility for bringing about change on this issue andenhancing public trust rests with the police leadership, who should promote a culture within thePolice Service where the right thing to do is to report ill-treatment by colleagues. <strong>The</strong> Committeecalls upon the <strong>Armenia</strong>n authorities to deliver a firm message of “zero tolerance” of illtreatment,at regular intervals, to all police officers, through the adoption of a statement fromthe highest level. As part of this message, it should be made clear that any police officercommitting, aiding and abetting or tolerating ill-treatment, in any form, will be severelypunished. Further, police staff should be reminded that no more force than is strictlynecessary should be used when effecting an apprehension and that, once apprehended personshave been brought under control, there can never be any justification for striking them. Atthe same time, action to treat persons in custody humanely should be positively recognised.15. It appeared that, following the 2008 events, 11 the Police Service had engaged upon a multifacetedstrategy to address the problem of ill-treatment. In particular, legislative amendments wereadopted in 2009 in order to improve the reporting mechanism for the use of force and “specialmeans” (including electric stun devices). A police officer who has used force, “special means” orfirearms must report this without delay to a higher police authority and any instances of injury ordeath must be immediately reported to the prosecuting and health-care authorities. 12 Further, thedelegation was informed that stringent criteria for the use of force and “special means” were beingdeveloped, in the light of international standards. <strong>The</strong> <strong>CPT</strong> would like to receive, in due course, acopy of the relevant legal provisions or instructions.101112See also paragraph 22. Note should be taken in this regard that, shortly after a preliminary investigation intothis case was initiated, the Head of the Police Service indicated to the media that Mr Khalafyan was not illtreatedby the police. He later stated that he had been misled by his staff.In the aftermath of the 2008 presidential election, a police operation took place on 1 March 2008 with a viewto dispersing opposition rallies in Yerevan. Dozens of persons were arrested in the course of and following thatoperation, hundreds were injured and a number of persons died. For more details, see the <strong>CPT</strong>’s report on the2008 visit and the <strong>Government</strong>’s response (documents <strong>CPT</strong>/Inf (<strong>2010</strong>) 7 and <strong>CPT</strong>/Inf (<strong>2010</strong>) 8).See Section 29 of the Police Act, as amended in April 2009.
- Page 1 and 2: Strasbourg, 1 December 2010SecretCP
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Instruction #Ց-2 dated 29.01.2009
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was brought in by the court of firs
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As a result of the facts of various
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The right of inerrogation of a witn
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The departmental network is being i
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Respective measures have been taken
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Review of criteria for serving the
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In cases of non-performance of the
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mentioned establishment does not pr
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The problem of overcrowding exists
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een taken by the Penitentiary Servi
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facilities, closed, semi-closed and
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causes certain difficulties in prov
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Medical units of penitentiary estab
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appropriate, sentenced prisoners ar
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Armenia; pursuant to the Decision o
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In connection with paragraph 122 of
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liable in the manner prescribed by
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esidents by the staff is punishable
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Order of the residents’ admission
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Termination of“Erebouni”functio
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հոդվածի համաձայն, ք
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Հասարակական կարգի
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ՀՀ ոստիկանության հ
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Ինչ վերաբերում է բե
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ՀՀ կառավարության 05.
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ոստիկանության անձն
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ՈՒսումնասիրելով այ
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դատապարտյալներ, ին
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Զեկույցի 69-րդ և 70-րդ
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տեսակցությունների
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Ինչ վերաբերվում է հ
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զբոսանքի կազմակերպ
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լոգանք ընդունելու
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ՀՀ ԱՆ ՔԿՎ բժշկական
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կանոնները, հիվանդն
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դատապարտյալը կատար
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ծառայության կալանա
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• ՀՀ ԱՆ հրավերով Ֆր
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Բնակելի մակերեսով
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Հարազատների հետ կա
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ՀՀարդարադատության
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ՙՎարդաշեն՚Գործուն